- Says he entered plea bargain with anti-graft agency in 2011
Davidson Iriekpen
Former Governor of Enugu State, Chimaroke Nnamani, has urged the Federal High Court in Lagos to restrain the Economic and Financial Crimes Commission (EFCC) from inviting, arresting or prosecuting him in connection with a criminal charge involving an alleged N5.3bn fraud.
In an application filed before Justice Chuka Obiozor yesterday, Nnamani through his lawyer, Shamsudeen Abubakar, from the chambers of Mr. Rickey Tarfa (SAN), sought an “order of perpetual injunction restraining the complainant/respondent whether by itself, agents, privies or any other person from inviting, interrogating, investigating, arresting or prosecuting the accused person in respect of the offences contained in Charge No: FHC/L/09C/2007 – Federal Republic of Nigeria Vs. Chimaroke Nnamani & Ors in its original or amended form.â€
The ex-governor, who is said to be seriously ill in a United States’ hospital, also urged the judge to set aside the warrant issued for his arrest last week.
Nnamani alongside his erstwhile aide, Sunday Anyaogu, and six companies were charged with alleged N5.3bn fraud in 2007.
On March 25, 2015, Justice Mohammed Yunusa, who was handling the case, granted an application by the EFCC the assets of the six companies charged with the former governor.
Counsel for the EFCC, Kelvin Uzozie, hinged the application on the fact that the case was not moving due to the ill health of Nnamani, who had to take court’s permission on several occasions to travel abroad.
On May 19, 2015 the six companies were re-arraigned on amended 10 counts.
The companies are Rainbownet Nigeria Limited, Hillgate Nigeria Limited, Cosmo FM, Capital City Automobile Nigeria Limited, Renaissance University Teaching Hospital and Mea Mater Elizabeth High School.
Mr. Rickey Tarfa, who represented them, entered guilty plea for them
On July 7, 2015, the assets and funds of the four companies were forfeited to the federal government.
The four companies whose assets were forfeited to the federal government are Renaissance University Teaching Hospital; Cosmos FM; Capital City Automobile Nigeria Limited, all in Enugu; and Rainbownet Nigeria Limited.
The schedule filed by the EFCC indicated that the companies’ assets were worth over N5bn, while the amount standing to their credit in 64 banks was estimated at N34.8m.
Upon the forfeiture of the companies’ assets, Justice Yunusa adjourned further proceedings in respect of the rest of the defendants till November 12, 2015.
Nothing was, however, heard again about the case until November 30 this year when the matter came up before Justice Obiozor, since Justice Yunusa had been suspended.
Justice Obiozor fixed December 4 for the re-arraignment of the defendants but Nnamani and Anyaogu were absent in court leading to the judge issuing a bench warrant against them and ordering that they should be produced before him on December 14, 2017.
But in his application yesterday, Nnamani stated that he had already entered into a plea bargain with the federal government during which the companies charged along with him forfeited their assets.
He disclosed that prior to his handing over the reigns of affairs of governance of Enugu State on May 29, 2007, he undertook a medical trip abroad to attend to his ailing health.
The former governor added that on July 13, 2007, due to the sharp deterioration of his health, the 1st accused/applicant was seen as an emergency by the cardiology unit of the National Hospital, Abuja with progressive chest pain, dizziness, palpitation, breathlessness and poor vision.
He said he underwent a major heart surgery abroad in 2003 to correct a grave medical condition in his heart;
He noted that in view of his inability to stand trial without jeopardising his life in the process, he was advised by his lawyers to consider settling outside the court in order to adequately take care of his grave ill health.
He said this made him to instruct his counsel of Messrs Rickey Tarfa and Co., to initiate the plea bargain settlement process with the EFCC.
Nnamani said consequently, by a letter dated October 12, 2011, the Chairman of the EFCC was intimated formally of his intention to settle the case out of court.
In order to give full effect to the plea bargain agreement, he said he was required to furnish the EFCC with particulars of properties in the companies.
At yesterday’s proceedings, Anyaogu was in court but Nnamani, who is said to be outside the country, was not.
Justice Obiozor vacated the bench warrant against Anyaogu but said the bench warrant against Nnamani remained.
He adjourned till January 19, 2018 for the re-arraignment of the defendants and to hear Nnamani’s application seeking a perpetual injunction against the EFCC.
The application is also praying the court to decline jurisdiction in the case.
